Mr. Juan Pablo Bohoslavsky is the current Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights. The Independent Expert carries out analytical research and undertaks country missions, in an effort to work with Governments, the United Nations, non-governmental actors and other stakeholders on issues falling under his mandate.
The terms of his mandate are contained in Human Rights Council resolution 25/16, which request him to pay particular attention to:
(a) The effects of foreign debt and the policies adopted to address them on the full enjoyment of all human rights, in particular, economic, social and cultural rights in developing countries;
(b) The impact of foreign debt and other related international financial obligations on the capacity of States to design and implement policies and programmes, including national budgets that respond to vital requirements for the promotion of the realization of social rights;
(c) Measures taken by Governments, the private sector and international financial institutions to alleviate such effects in developing countries, especially the poorest and heavily indebted countries;
(d) New developments, actions and initiatives being taken by international financial institutions, other United Nations bodies and intergovernmental and non-governmental organizations with respect to economic reform policies and human rights;
(e) Quantification of minimum standards to support the realization of the Millennium Development Goals;
(f) Enhancement of consultations with all relevant stakeholders in the fulfillment of his mandate;
The Independent Expert is furthermore requested by Human Rights Council Resolution 25/9 to “continue considering the impact of illicit financial flows on the enjoyment of human rights as part of her or his mandate”.
The Independent Expert carries out country missions to study the effects of foreign debt on the realization of human rights and to engage in dialogues with the Government, international financial institutions, UN agencies and civil society as a part of his global analysis of the subject as well as to develop practical recommendations and suggestions to the countries concerned. The Independent Expert also engages in consultations with the World Bank and the International Monetary Fund, as well as other international organizations active in the areas of development aid.
The Independent Expert is part of the system of Special Procedures of the United Nations Human Rights Council. With the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), Special Procedures undertake country visits; act on individual cases of alleged violations and concerns of a broader, structural nature by sending communications to States; conduct thematic studies and convene expert consultations, contributing to the development of international human rights standards ; engage in advocacy and raise public awareness ; and provide advice for technical cooperation.
Guiding principles on foreign debt and human rights
In April 2004, the Commission on Human Rights (the predecessor to the Human Rights Council) requested the Independent Expert to draft general guidelines to be followed by States and by private and public, national and international financial institutions in the decision-making and execution of debt repayments and structural reform programmes, including those arising from foreign debt relief. The purpose of the guidelines is to ensure that compliance with the commitments derived from foreign debt will not undermine the obligations for the realization of fundamental economic, social and cultural rights, as provided for in the international human rights instruments After a broad consultative process the Independent Expert submitted the Guiding principles on foreign debt and human rights (A/HRC/20/23) to the Human Rights Council in June 2012. The Council endorsed the Guiding principles in its resolution 20/10.
Mr. Juan Pablo Bohoslavsky who was appointed Independent Expert on 8 May 2014 identified in his first report to the General Assembly (A/69/273) the following six thematic priorities:
(a) preventive aspects of fiscal policy and debt management to avoid potential negative human rights implications of borrowing;
(b) international human rights law in the context of debt restructuring and debt relief;
(c) good practices to avoid negative human rights impacts in the context of debt crisis and economic adjustment programmes (A/HRC/28/59/Add.1);
(d) human rights and debt arbitration in the context of bilateral investment treaties;
(e) lending to States involved in gross human rights violations (A/HRC/28/59); and
(f) the impact of illicit financial flows on human rights (A/HRC/28/60).